In a new post today, ondelette brings us up to date on the continuing saga of Aafia Siddiqui. For those who might be unfamiliar with her case, she is a PhD neuroscientist born in Pakistan and educated at MIT. She and her three children disappeared in March, 2003. It is believed that she was identified to US authorities by Khalid Sheikh Mohammed who was being waterboarded 183 times that month. Last summer, after allegations that she might be the rumored "Grey Lady" of Bagram, she suddenly turned up in US custody with a gunshot wound. Here is a famous photo of her at that time:
Siddiqui

Yesterday, there was a hearing on the issue of whether Siddiqui is fit to stand trial. Having such a hearing, or in fact any legal proceeding when the accused is also suspected of being a victim of torture poses grave risks to our legal system. Here is how ondelette poses the problem:

I am increasingly of the opinion that there is no possible way for a U.S. court, based firmly on the rule of law, deriving its powers from common law, the Constitution, the U.S. code, and all the international laws, treaties, and customary law, a court in which due process is guaranteed to everyone without regard to background, and which strives to mete out justice and observe the innocence of the accused until proven guilty — a court with such high ideals and aspirations — no possible way to accuse someone of a crime and try them in this court, while there is an unspoken allegation that the government bringing the accusation has, in fact, tortured the defendant for years while holding them in conditions of enforced disappearance and incommunicado detention. Because the unspoken rule in a U.S. court of law is that the government bringing criminal charges against the accused has, itself, committed no crime against the accused, and certainly not one of the most heinous of crimes, one for which there is no affirmative defense at all. Whether or not the charges against the government are true, there does not seem to be any way to conduct a real trial when the government stands accused variously of incommunicado detention, torture with threats of death, possible killing of a child, nudity, rape, extreme isolation, and druggings.

And yet, here we stand. As Glenn Greenwald notes today, the Obama justice system has become "a truly grotesque perversion of everything that our justice system and Constitution are supposed to guarantee" because there now is talk of continuing to imprison defendants who have been cleared of all charges. Similarly, the issue of when or how to use information obtained through torture is actually still being debated in the Senate.

Justice in the United States is now a fully tortured concept. Who will stop the madness? Where are the missing children?